By MacDonald Chipenzi
POWERS OF THE ECZ: DO THEY EXTEND TO SANCTIONING AN INDIVIDUAL?
I have read some write ups asking where the ECZ is drawing its power to suspend indefinitely, Chishimba KAMBWILI from conducting campaigns due to his tribal rantings and violation of ECZ ban on public rallies and roadshows.
Allow me to highlight some of the powers of the Commission such as *enforce* the code, *disqualify* a political party or candidate in breach of the code (Sec 110 of the Electoral Process Act)
ECZ’s duties are to meet political parties representatives regularly, ensure political parties *don’t use state resources to campaign*, ensure leaders of political parties, candidates, supporters, government and its Organs, aimed at jeopardising elections or done in contravention of the code;
ECZ has a duty to declare election results expeditiously, ensure professional and impartial conduct of the police, and that traditional leaders don’t exert undue influence on their subjects to support a particular party or candidate;
ECZ has a duty to ensure election officers, monitors, observers or media is not victimised in the course of their election duties;
The ECZ powers are contained in Subparagraph or regulations 11 which powers include:
*Reprimand a political party, candidate or stakeholder (which Chishimba KAMBWILI is) for any conduct in violation of this Code;
*Report a breach of this Code to the Zambia Police Service, Anti-corruption Commission and Drug Enforcement Commission or any other relevant law enforcement agency;
*Revoke accreditation of election agents, polling agents, monitors, observers or media in the interest of public safety and security;
*Impose any administrative measures on *any person*(which include Chishimba KAMBWILI), candidate or political party for persistent breach of this Code; and
*Summon any person (which includes Chishimba KAMBWILI) contravening this Code and *any voter*(which includes Chishimba KAMBWILI), candidate or political party alleging a breach to appear before it;
*Refer and Report any violation of the Code to the Zambia Police Service, Anti-corruption Commission or any appropriate law enforcement agency for investigation and prosecution where appropriate.
*The sanction for the breaches attracts a fine not exceeding 200, 000 (K60,000) or imprisonment for a term not exceeding 2 years or to both*
Therefore, ECZ is on firm grounds on Chishimba KAMBWILI’s indefinite suspension from engaging in campaigns for his uncensored tribal hatred and ban on public rallies and roadshows.
This suspension can essentially is an administrative sanction rightly imposed on Chishimba KAMBWILI and not a conviction ECZ.
The answer is that ECZ has powers to sanction all stakeholders, any individual, any supporter of any candidate or and political party, and any voter and its powers are not limited to candidates or and political parties.
I submit.
McDonald Chipenzi